N.Y. Comp. Codes R. & Regs. tit. 18 § 443.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 443.10 - Annual renewal of certified and approved foster homes; reopenings and changes in certified and approved foster homes

(a) Agency practice and procedure for annual renewal of a foster home's certificate or letter of approval must include the following:

(1) a written evaluation of the home and family that uses the criteria for certification or approval as specified in this Part;

(2) a written evaluation of the care provided children in the home and the working relationship of the foster parents or relatives with the agency;

(3) a written statement from a physician about the foster family's or relative family's health, if it has been two years since the date of the last medical exam, conforming to the standards set forth in this Part;

(4) an oral review of the evaluation with the foster parent or relative foster parent before the certificate or approval is renewed; and

(5) the completion of a State criminal history record check(s) with the Division of Criminal Justice Services in accordance with section 443.8 of this Part, of the foster parent and each person over the age of 18 who is currently residing in the foster home, where such foster parent, relative foster parent or any other person residing in such home had not previously had a criminal history record check completed and the completion of a national criminal history record check in accordance with section 443.8 of this Part for each person over the age of 18, other than the foster parent, who entered the foster home after the preceding certification or approval or reached the age of 18 during that period and who has not previously had a national criminal history record check completed pursuant to this Part.

(b) Agency practice and procedure for reopening a foster home includes:

(1) the completion of a new application, including a database check through the Statewide Central Register of Child Abuse and Maltreatment and the Justice Center's register of substantiated category one cases of abuse or neglect check process as required in this Part and, if a person 18 years of age or older residing in the home of the applicant resided in another state at any time during the five years preceding the new application, a request for child abuse and maltreatment information maintained in the child abuse and maltreatment registry from the applicable child welfare agency in each such state of previous residence;

(2) the completion of a criminal history record check(s) in accordance with section 443.8 of this Part;

(3) an update of the home study which must include a written evaluation of the home that uses the criteria for certification or approval as specified in this Part;

(4) a physician(s) written statement concerning the foster family's health or the relative's family health conforming to the standards set forth in this Part, or a physician's report of a medical exam that was completed within the past year; and

(5) an oral review of the evaluation with the foster parent before a new certificate or approval is issued.

(c) Agency practice and procedure when an adult spouse of a foster parent comes into the home and applies for certification or approval include:

(1) completion of a new application for certification or approval, including a database check through the Statewide Central Register of Child Abuse and Maltreatment and the check of the Justice Center's register of substantiated category one cases of abuse or neglect as required by this Part and, if the adult spouse resided in another state at any time during the five years preceding the new application, a request for child abuse and maltreatment information maintained in the child abuse and maltreatment registry from the applicable child welfare agency in each such state of previous residence;

(2) completion of a criminal history record check(s) in accordance with section 443.8 of this Part;

(3) completion of a medical exam for the applicant as required by this Part; and

(4) an update of the home study.

(d) When a foster parent timely submits all documents necessary for renewal, the existing certificate or letter of approval to board will not expire and will remain in effect until the application has been finally determined by the authorized agency unless the certification or approval to board is otherwise revoked by the authorized agency for cause in accordance with this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 443.10

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015